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UNITED STATES v. 3276.21 ACRES OF LAND (MIRAMAR)

No. 2161-SD-C.

222 F.Supp. 887 (1963)

UNITED STATES of America, Plaintiff, v. 3276.21 ACRES OF LAND (MIRAMAR), Defendant.

United States District Court S. D. California, S. D.

October 21, 1963.

Attorney(s) appearing for the Case

Francis Whelan, U. S. Atty., Richard Dauber, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff.

Anson, Gleaves & Larson, Los Angeles, Cal., and James L. Focht, Jr., San Diego, Cal., for defendant Myers.

Edwin Campbell, Chula Vista, Cal., for defendant Nelson Sloan.

Glenn & Wright, San Diego, Cal., for S. D. Golf Syndicate and defendants James.

Rubin, Seltzer & Solomon, San Diego, Cal., for defendants Marvin and Alisia Biddle and David and Diane Lipkin.

Joseph McDonough, San Diego, Cal., for defendant Charles Smith.

Luce, Forward, Hamilton & Scripps, San Diego, Cal., for Holzman, Receiver for Rogers Construction.

JAMES M. CARTER, District Judge.

The jury in this land condemnation case, pursuant to the court's instructions, returned a verdict on two alternatives—

(1) A first alternative in which they valued the land as of the date of taking, ignoring all flights over the land after August 1955 and until the date of taking in July of 1958; and also ignoring all regular and systematic flights over the land under the...

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